Carly Miller

Construction Lawyers Society of America, Associate Fellow Listed in Mid-South Super Lawyers, "Rising Stars," 2022-2024 Construction Litigation, 2019-2021 Listed in Best Lawyers: Ones to Watch  Construction Law, 2021-2024 Litigation – Construction, 2021-2024 Alabama AGC’s “Top 40 Under 40” in Commercial Construction, 2022 Listed in Birmingham Business Journal  NextGen: Law, 2024 Represents owner of hydroelectric tunnel complex project in South America in various contractual disputes with prime contractors regarding tunnelling, civil works, and electromechanical scopes of work. Representation includes advice regarding claims strategy and management, contract administration, and dispute resolution. Represented same hydroelectric project owner against German and Italian tunneling consortium regarding owner’s damages resulting from consortium’s defaults under the construction contract and termination for cause. Arbitrated before a multinational arbitration panel under the ICC rules in Santiago, Chile and following a two-week arbitration and months of continued briefing and argument, obtained a favorable arbitration award of approximately $185 million and declaration confirming proprietary of owner’s actions in response to contractor’s defaults. Successfully arbitrated before the ICC on behalf of same hydroelectric project owner against Austrian tunneling contractor in emergency proceedings, resulting in favorable outcome and an award of fees and costs. Currently arbitrating the principle claims between owner and contractor related to project delays and defective work. Represented construction manager at-risk on a large hospital complex in North Dakota following termination for cause by the hospital owner alleging delay and defective work and seeking damages totaling more than $80 million. Arbitrated before the AAA in Minneapolis, Minnesota, and following a four-week arbitration, obtained a favorable arbitration award denying all of the owner’s claims and finding that the termination was unjustified and a material breach of the construction agreement. Represented engineer in AAA arbitration brought by construction partner involving the engineering, procurement, and construction of a new polyethylene plant in Texas. Construction partner sought $185 million in damages and asserted fraudulent misrepresentation, breach of the partnership agreement, and breach of fiduciary duty. After seven weeks of arbitration hearings, obtained arbitration award denying all of construction partner’s claims and awarding engineer its costs and fees. Represented solar EPC contractor in AAA arbitration with utility owner in dispute involving five separate EPC agreements and solar projects in Georgia, Texas, and California in defense of claims related to the design, procurement, and performance of various solar components. Represented design-builder JV in New Mexico lawsuit with local governmental owner of a water treatment and distribution facility on the Rio Grande River. Involved various geotechnical and design issues, counterclaims and third-party claims against other involved designers. Represented general contractor in pursuit of claims, delays, and impacts to the contractor and its subcontractors caused by design errors and poor administration by the U.S. government arising out of the construction of a federal courthouse in Texas. Represented design-builder in federal lawsuit in Florida involving dispute with designers of record related to design and engineering errors arising out of a highway construction project. Represented general contractor in federal lawsuit in Mississippi involving dispute with oil company owner related to design and construction of petroleum storage tanks. Represented general contractor in pursuit of claims for delay and extra work on its behalf and on behalf of its steel subcontractor against the U.S. government arising out of the construction of a federal courthouse in Indiana.  Represented general contractor in Board of Contract Appeals proceedings against the Army Corps of Engineers involving the construction of a government facility on a military base involving millions of dollars of claims by the general contractor and its subcontractors. Successfully defended on behalf of a general contractor a declaratory judgment action brought by a subcontractor after conducting an arbitration hearing. Arbitrator agreed with the general contractor’s contractual interpretations and issued a ruling in the general contractor’s favor. Successfully arbitrated claims on behalf of a U.S. general contractor against a Mexican subcontractor regarding construction of a United States consulate in Tijuana, Mexico.